High Court Punjab-Haryana High Court

Naib Singh And Others vs State Of Punjab And Another on 28 September, 2011

Punjab-Haryana High Court
Naib Singh And Others vs State Of Punjab And Another on 28 September, 2011
Crl. Misc. No. M-20500 of 2011 (O&M) 1

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                   Crl. Misc. No. M-20500 of 2011 (O&M)
                          Decided on : 28-09-2011

Naib Singh and others
                                                          ....Petitioners

                     VERSUS

State of Punjab and another
                                                          ....Respondents

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. R.S.Dhaliwal , Advocate for the petitioners

Mr.Gaurav Garg Dhuriwala, DAG, Punjab

Mr. S.S.Sodhi, Advocate for the respondent no.2.

MAHESH GROVER, J

This is a petition under Section 482 of the Code of Criminal

Procedure praying for quashing of FIR no. 55 dated 10.6.2011 registered

under Sections 324, 326, 34 IPC at Police Station Moonak, District Sangrur

and all consequent proceedings arising therefrom on the basis of

compromise.

It is contended by the learned counsel for the petitioners that

during the pendency of the proceedings pursuant to the FIR, the parties have

resolved their differences amicably and in view of this, they do not wish to

pursue with the litigation any further.

Learned counsel for the State of Punjab on instructions from

ASI Ranjit Singh submits that no other case is pending against the present

petitioners.

On 11.7.2011, this Court directed the parties to appear before
Crl. Misc. No. M-20500 of 2011 (O&M) 2

the Illaqa Magistrate and get their statements recorded in support of their

claim that the matter has been compromised. The Illaqa Magistrate was also

directed to send the report about the factum of compromise and also the fact

that such statements were not result of any undue pressure or coercion.

Report has since been received from the concerned Court and

according to it, petitioners as well as respondent no.2 have appeared and got

recorded their statements on their own free will in support of their

compromise.

In view of the above facts and also keeping in view the

observations of Full Bench in Kulwinder Singh versus State of Punjab

2007 (3) Law Herald 2225, the instant petition is allowed. Consequently,

FIR no. 55 dated 10.6.2011 registered under Sections 324, 326, 34 IPC at

Police Station Moonak, District Sangrur and all consequent proceedings

arising therefrom are hereby quashed.

September 28, 2011                          (Mahesh Grover)
rekha                                         Judge